Question? Call Us  +1 (817) 546-4770

6FFLK001 Law Of Tort

Academic Anxiety?

Get an original paper within hours and nail the task

156 experts online

Free Samples

6FFLK001 Law Of Tort

.cms-body-content table{width:100%!important;} #subhidecontent{ position: relative;
overflow-x: auto;
width: 100%;}

6FFLK001 Law Of Tort

0 Download3 Pages / 667 Words

Course Code: 6FFLK001
University: Kings College London is not sponsored or endorsed by this college or university

Country: United Kingdom


Carly and Pablo have just got engaged and to celebrate they arrange a visit to Funtastic World, a popular theme park. They are excited to try out the new ride, ‘The Beast’ which has recently opened. The morning of their visit, Tom, an engineer, carries out some lastminute safety checks to the ride, but he is in a rush because he turned up very late for work due to a traffic jam. One of the bolts has not been properly tightened and Carly falls out of her seat and plunges to the ground, causing very serious injuries.
Eva, a paramedic, who is first on the scene, is so horrified by Carly’s injuries that she suffers Post Traumatic Stress Disorder and is unable to return to work.
Pablo, who is sitting next to Carly, is able to stop himself from falling out of the seat, but since the accident he has been having flashbacks and is now terrified of heights.
Assess the possible liability of the parties.


Negligence is described as one’s failure to exercise an appropriate and ethical form of care when performing a duty. Acts of carelessness characterized by acts or omission that lead to causation of injuries are called negligence. The consequence for negligence is damaged after a plaintiff successfully proves that negligence existed. The backbone of negligence is that employees and employers have the duty to carry out their activities with reasonable care by understanding that foreseeable harm may be caused to people and property through negligence. In cases where one suffers a loss due to negligence from a different person, he or she has the right to sue that individual for damages so that a compensation is awarded. Losses vary from physical injuries, psychiatric illnesses, harm to property and economic losses.  There are five main components that one has to prove so that negligence is determined. These are a breach, assessment of duty, actual cause, damages, and proximate cause.
Donoghue v Stevenson [1932] is a good example that shows how negligence manifests itself. In this case, principles such as the duty of care as well as the principle of fault. The facts state that Donoghue found a decomposing snail in her beer bottle after pouring the remaining content on her ice cream. This shocked her and she suffered gastroenteritis and nervous shock. As a result, she sued the manufacturer for damages. Grant v Australian Knitting Mills (AKR) (1936) followed the precedent set by Donoghue V Stevenson hence developing negligence law. This was where the duty of care must be depicted by employees and employers equally. Breach of duty is then determined after establishing that one has a duty of care towards the plaintiff. This is when it is decided whether the duty was breached or not. A plaintiff should also show that he or she sustained serious injuries, harm or lost property from breaching duty of care. This ultimately leads to the payment of damages to the plaintiff.
In the case scenario at hand, Tom has a duty of care which dictates that as an engineer, all rides undergo safety checks before they are used by the public. His actions lead to safety or harm. To start with, factual causation has to be proven, in this case, Tom performed the checks hurriedly making the seat not secure and in the end, Carly falls out of the seat and sustains serious injuries. If it was not for Toms’ state of being in a hurry, Carly could not have fallen. In that regard, all elements have been proven. Tom has the duty of care to others such as Carry, he breaches his duty by performing safety checks hurriedly, his act leads to the fall of Carry making her sustain injuries and causation is established by a foreseeable consequence because of his acts.
In addition Tom is liable for the trauma that the accident has caused on Eve. She was terrified such that she now has Post Traumatic Stress Disorder. As such, she can sue for damages since she is not able to go to work again after the incident. The same applies to Pablo who has a fear for heights. Pablo can sue Tom for damages because Tom had a duty of care and he failed to act as desired.
It is therefore prudent for Tom to pay for the injuries sustained. This can only happen if Carry sues him. In some instances, the company can also be sued because of vicarious liability. Fantastic World may be vicariously liable for Tom’s actions especially if it is established that he is insured by the company.
Donoghue v Stevenson [1932] AC 532
Grant v Australian Knitting Mills [1935] UKPC 62, [1936] AC 85; [1935] UKPCHCA 1, (1935) 54 CLR 49 (21 October 1935), Privy Council (on appeal from Australia).
Wallace v Kam [2013] HCA 19, High Court (Australia).
Pandey, R. (2017). Is the Commissioner immune from the tort of negligence?. Taxation in Australia, 51(9), 494.
Dillon v. Legg, 68 Cal. 2d 728 (1968) and Molien v. Kaiser Foundation Hospitals, 27 Cal. 3d 916 (1980).

Free Membership to World’s Largest Sample Bank

To View this & another 50000+ free samples. Please put
your valid email id.


Yes, alert me for offers and important updates


Download Sample Now

Earn back the money you have spent on the downloaded sample by uploading a unique assignment/study material/research material you have. After we assess the authenticity of the uploaded content, you will get 100% money back in your wallet within 7 days.

UploadUnique Document

DocumentUnder Evaluation

Get Moneyinto Your Wallet

Total 3 pages


*The content must not be available online or in our existing Database to qualify as

Cite This Work
To export a reference to this article please select a referencing stye below:


My Assignment Help. (2021). Law Of Tort. Retrieved from

“Law Of Tort.” My Assignment Help, 2021,

My Assignment Help (2021) Law Of Tort [Online]. Available from:[Accessed 19 December 2021].

My Assignment Help. ‘Law Of Tort’ (My Assignment Help, 2021) accessed 19 December 2021.

My Assignment Help. Law Of Tort [Internet]. My Assignment Help. 2021 [cited 19 December 2021]. Available from:

.close{position: absolute;right: 5px;z-index: 999;opacity: 1;color: #ff8b00;}


Thank you for your interest
The respective sample has been mail to your register email id


$20 Credited
successfully in your wallet.
* $5 to be used on order value more than $50. Valid for
only 1

Account created successfully!
We have sent login details on your registered email.



If you are taking any kind of nursing course, you will definitely require writing clinical reasoning cycle assignment at least once in your academic life. Did we tell you that has professional experts who have practical experiences in nursing? Expect the best quality work from these individuals. is considered to be the best essay writing service to provide excellent writing help service to each student. We assure that you’ll get a plagiarism-free essay from our end.

Latest Business Law Samples

div#loaddata .card img {max-width: 100%;

BU1112 Business Law
Download :
0 | Pages :

Course Code: BU1112
University: James Cook University is not sponsored or endorsed by this college or university

Country: Australia

Part A
Whether Stella is considered as an employee of PRX?
The main difference between employee and independent contractor is stated below:
Employee entered into contract of service, but contractor entered into contract for services.
Employer exercise control over the employee but no control was exercised by employer on contractor. It is considered as traditional test which was developed in Zuijs v Wirth Bros(Zuijs…
Australia South Lake Management health finance management  University of New South Wales 

BSBWHS605 Develop Implement And Maintain WHS Management Systems
Download :
0 | Pages :

Course Code: BSBWHS605
University: Swinburne University Of Technology is not sponsored or endorsed by this college or university

Country: Australia

Work Health and Safety Management System (WHSMS) is a collection of plans, tools, activities and processes. List 3 of these plans, tools, activities or processes and explain what they are,
The means, nitty gritty beneath, can be utilized whether the arranging procedure is straightforward or complex. They are:
Evaluating the current word related to wellbeing and security status including the ‘administration framework’ Lussier, R. N…
Australia Brisbane Management Work Health and Safety Management System (WHSMS University of Brisbane MBA 

BUSN331 Business Law
Download :
0 | Pages :

Course Code: BUSN331
University: Centennial College is not sponsored or endorsed by this college or university

Country: Canada

In Alberta, the Residential Tenancies Act applies to all the people in this jurisdiction, who rent their space out (Alberta Queen’s Printer, 2016). Through this act, the rights and responsibilities of the landlords and tenants are brought forward (Landlord and Tenant, 2015).
Question 1
Before a tenant can move in the rented accommodation, the tenant and the landlord have to reach an agreement, with regards to the…
Australia Edmonton Humanities Management University of New South Wales Masters in Business Administration 

LA1040 Contract Law
Download :
0 | Pages :

Course Code: LA1040
University: University Of London is not sponsored or endorsed by this college or university

Country: United Kingdom

A contract is an agreement between the parties which is enforceable legally in the courts. There are several provisions of law which governs how the terms related to the contract would operate. A contract consists of a set of provisions which are known as contractual terms. The weightage of such terms are not equal as one term may have a more significant consequence as compared to the other in relation to their brea…
United Kingdom London Economics Management University of London 

TLAW202 Corporations Law
Download :
0 | Pages :

Course Code: TLAW202
University: Top Education Institute is not sponsored or endorsed by this college or university

Country: Australia

If any person wants to carry out his business in the form of a company, then, it is necessary that the registration or incorporation requirements of such country must be met. In Australia, the Corporation Act 2001 and the guidelines laid down by ASIC provides with the steps that must be accomplish in order to establish a corporate entity.  (Malbon & Bishop, 2006).
A company is of great significance as it is treated as a …


Need an essay written specifically to meet your requirements?

Choose skilled experts on your subject and get an original paper within your deadline

156 experts online

Your time is important. Let us write you an essay from scratch

Tips and Tricks from our Blog

PROJ6016 Employer Based Project

Free Samples PROJ6016 Employer Based Project .cms-body-content table{width:100%!important;} #subhidecontent{ position: relative; overflow-x: auto; width: 100%;} PROJ6016 Employer

Read More »

PPMP20009 Marking Rubric

Free Samples PPMP20009 Marking Rubric .cms-body-content table{width:100%!important;} #subhidecontent{ position: relative; overflow-x: auto; width: 100%;} PPMP20009 Marking Rubric

Read More »